How to Record a Deed
Signing a deed is only part of transferring real estate. After the deed has been properly signed and notarized, it should be recorded in the public land records for the location where the property is located.
Recording the deed creates a public record of the transfer and helps establish the new owner's interest in the property.
Where Do I Record a Deed?
Deeds are recorded with the local government office responsible for maintaining real estate records in the county or other jurisdiction where the property is located.
Depending on the state, this office may be called the County Recorder, Recorder of Deeds, Register of Deeds, County Clerk or another similar name.
Use the recording office for the location of the property, even if the Grantor or Grantee lives somewhere else.
Does a Deed Need to Be Notarized Before Recording?
Yes. Real estate deeds must be properly acknowledged or notarized before they can be accepted for recording.
Some states may also have additional signing or witness requirements. Follow the state-specific signing instructions included with the TotalLegal deed.
For more information, see Guide to Notarizing Estate Planning Documents and How to Notarize a Document Online.
What Do I Need to Record a Deed?
Requirements vary by state and locality, but recording a deed may require:
- The properly completed, signed and notarized deed
- Any required real estate transfer, tax or disclosure forms
- The recording fee
- Any applicable transfer tax
- Information required by the local recording office
The deed and any additional forms should be reviewed for completeness before they are submitted for recording.
Are Additional Forms Required?
Possibly. Many states and local governments require an additional transfer statement, property transfer form, tax form, declaration or similar document to be submitted with a deed.
The requirements depend on the location of the property and the reason for the transfer.
Are There Fees or Transfer Taxes?
Recording offices charge a fee to record a deed. The amount varies by state and locality and may depend on factors such as the number of pages in the document.
A real estate transfer may also be subject to state or local transfer taxes. Some transfers, including certain transfers between spouses or former spouses, may qualify for an exemption depending on the applicable law.
For more information about transfers related to divorce, see Real Estate Transfer Forms and Taxes in a Divorce.
How Can I Submit a Deed for Recording?
Available filing methods vary by recording office. Depending on the jurisdiction, a deed may be submitted in person, by mail or electronically.
Before mailing or delivering a deed, check the recording office's current requirements, accepted payment methods and procedures for returning the recorded document.
What Happens After the Deed Is Recorded?
The recording office reviews the deed to determine whether it meets the office's recording requirements. If accepted, the deed is assigned recording information and becomes part of the public land records.
The recorded deed or original document is then returned according to the recording office's procedures. Keep the recorded deed with other important real estate records.
What If the Recording Office Rejects the Deed?
A recording office may return a deed if it does not meet local recording requirements. Common reasons may include a missing signature or notarization, an incomplete legal description, an incorrect recording fee or a missing transfer form.
If a TotalLegal-prepared deed is rejected, keep the rejection notice or other information provided by the recording office so the reason for the rejection can be identified.
Quitclaim Deed or Warranty Deed?
The recording process is the same whether the document is a Quitclaim Deed or Warranty Deed. The difference between these deeds concerns the protections and warranties provided to the person receiving the property, not how the deed is recorded.
For more information, see Quitclaim and Warranty Deeds Compared.